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NY R02725




November 14, 2005

CLA-2-44:RR:NC:2:230 R02725

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.90.8000; 8302.50.0000

Mr. Karl R. Kane
MYX, Inc.
300 Broadway St., Suite #30
San Francisco, CA 94133

RE: The tariff classification of various wall shelves, a wine rack and a coat peg rack from China

Dear Mr. Kane:

In your letter dated October 22, 2005 you requested a tariff classification ruling.

The ruling was requested on various wall furnishings made of wood and/or MDF (medium density fiberboard). The products consist of a collector’s shelf, a cube shelf, a double shelf, a picture ledge, a wine rack, a peg rack, a note center with a chalkboard, a note center with a white board and a note center with a corkboard. Illustrations of the products were submitted. All of the wood in the products is stained or painted white.

The collector’s shelf is a single shelf measuring 24” long x 4” deep. It is enclosed on the sides with a slat bar across the front, shaped panels on the ends and an assembled slat panel on the back.

The cube shelf is a 5” deep shelf with four sides in the form of an open frame. Three different sizes of cube shelves are illustrated: 10” x 26” x 5”, 11” x 15” x 5” and 8” x 8” x 5”.

The double shelf consists of an open shelf on top with a three-compartment shelf and four zinc hooks underneath. The double shelf measures 38” long x 10” deep x 15” high overall.

The picture ledge is a shelf with a solid rectangular wood bar across the front. The illustration shows framed pictures resting against the front bar of the shelf. (The picture frames and pictures are not included.) The picture ledge is 24” long and 4” deep.

The wine rack consists of a shelf with wood dividers on top and wood retainers on the bottom. The dividers on top are designed to hold six bottles of wine in a horizontal position. The retainers on the bottom are designed to hold wine glasses upside down from their ends. The wine rack shelf measures 24” long x 10” deep.

The peg rack consists of three shaped die cast metal coat hooks mounted on a rectangular wood board measuring 18” long x 4” high.

The applicable subheading for the collector’s shelf, the cube shelves, the double shelf, the picture ledge and the wine rack, described above, will be 4420.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for wooden articles of furniture not falling within chapter 94. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the peg rack, consisting of mounted metal coat hooks, will be 8302.50.0000, HTSUSA, which provides for hat racks, hat pegs, brackets and similar fixtures, and parts thereof, of base metal. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the note centers. Your request for a classification ruling should include information showing how these combination products will be marketed and used. In addition, please furnish a component material value breakdown. Regarding the note center with a white board, please state whether or not the white board has a drawing and/ or writing surface. Regarding the note center with a corkboard, please describe the composition of the “corkboard” in detail. Describe all layers and components of the corkboard and give the thickness of each layer. State whether the cork portion of the board consists of agglomerated cork or natural cork.

When this information is available, you may wish to consider resubmission of your request for the note centers. If you decide to resubmit your request, please include all of the material that we have returned to you along with a copy of this letter and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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